Gateshead Health NHS Foundation Trust - £100,000 settlement
Our client (T) developed a lump in her breast and underwent investigation, being reassured that there appeared to be no reason for concern.
She then attended the Defendant Hospital a year later where it was correctly acknowledged that the findings were suspicious and investigations were undertaken, including a biopsy.
Despite the fact that the biopsy was known not to have provided sufficient tissue to undertake meaningful investigations, it was not repeated.
Just over a year later, T’s lump had become more prominent and further investigations revealed that she had developed breast cancer. She went on to have a mastectomy. This was further complicated by virtue of the fact that she went on to develop infection following the mastectomy.
T instructed Richard Ebdon to investigate the matter on her behalf. The investigations revealed that the decision not to repeat the original biopsy had been evidence of substandard care. This was ultimately accepted as being the case by the Defendant.
What remained in significant dispute was as to whether earlier surgical treatment would have avoided the mastectomy. It was T’s case that it would have done so and she would simply have been able to have a lumpectomy thereby saving her breast.
The Defendants case was that it was always more than likely that she would have had to have a mastectomy.
We maintained T’s position and although the Defendant never formally accepted T’s position on this area of dispute, she was compensated in full and received £100,000 in settlement of her claim.
This case was very complicated by virtue of the fact that when T’s mastectomy and breast reconstruction developed an infection, the Surgeon (at a different Hospital) attempted to replace the breast implant immediately. This was also considered to be evidence of substandard care. The issue never needed to be tested in view of the admissions made by the original Defendant.
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